(A)
Pursuant to
section 6109.23 of the Revised Code, the
director may assess and collect administrative penalties from any person who
owns or operates a public water system and violates Chapter 6109. of the
Revised Code or the administrative rules adopted thereunder. Administrative
penalties for a public water system shall be calculated according to this rule
in the following manner:
(1)
Each violation of the public water system shall be
assigned a value of one thousand dollars. This amount represents the threat to
public health caused by the public water system's failure to comply with the
applicable regulations.
(2)
The value is then multiplied by a number, expressed as
a decimal, which represents the public water system's size, in accordance with
the following list in order to determine the penalty amount for each day of
each violation:
|
System Size (number of people
served)
|
Number
|
|
At least 15 service connections
or 25 to 3,300
|
0.25
|
|
3,301 to 6,700
|
0.50
|
|
6,701 to 10,000
|
0.75
|
|
10,001 or more
|
1.00
|
(B)
Lead and copper
rule administrative penalties. Pursuant to section
6109.121 of the Revised Code,
the director shall assess and collect administrative penalties from any person
who owns or operates a community or nontransient noncommunity water system and
violates paragraphs (A)(1) and (C)(1) of rule
3745-81-85
of the Administrative Code. Administrative penalties shall be assessed in
accordance with the following tables:
Violation of paragraph (A)(1) of rule
3745-81-85
of the Administrative Code (consumer notification)
|
Population Served
|
Penalty Assessed (dollars per
day per notification)
|
|
25 - 3,300
|
$ 25.00
|
|
3,301 - 10,000
|
$ 50.00
|
|
10,001 - 25,000
|
$ 75.00
|
|
25,001 or more
|
$ 100.00
|
Violation of paragraph (C)(1) of rule
3745-81-85
of the Administrative Code (lead public notification)
|
Population Served
|
Penalty Assessed (dollars per
day per notification)
|
|
25 - 3,300
|
$ 250.00
|
|
3,301 - 10,000
|
$ 500.00
|
|
10,001 - 25,000
|
$ 750.00
|
|
25,001 or more
|
$1, 000.00
|
Replaces: 3745-81-04
Notes
Ohio Admin. Code
3745-81-04
Effective:
5/1/2018
Five Year Review (FYR) Dates:
05/01/2023
Promulgated
Under: 119.03
Statutory
Authority: 6109.23,
6109.121,
6109.04
Rule
Amplifies: 6109.04,
6109.23,
6109.121
Prior
Effective Dates: 10/1/1999, 10/17/03
